Do You Get a Criminal Record for Drink Driving in the UK?

Drink driving is one of the most serious motoring offences in the UK and comes with significant legal and personal consequences. Many people wonder whether being caught drink driving results in a criminal record, how it impacts their ability to drive, and what happens during the court process. In this article, we will answer these questions and provide a detailed guide to drink driving laws in the UK, including penalties for a first offence and what to expect in court.

What Is Drink Driving in the UK?

Drink driving, legally known as driving while above the prescribed alcohol limit, is a criminal offence under the Road Traffic Act 1988. The legal alcohol limit in the UK is:

  • 35 micrograms of alcohol per 100 millilitres of breath.
  • 80 milligrams of alcohol per 100 millilitres of blood.
  • 107 milligrams of alcohol per 100 millilitres of urine.

Driving or attempting to drive while over this limit or being unfit to drive due to alcohol is a punishable offence.

Do You Get a Criminal Record for Drink Driving in the UK?

Yes, drink driving offences result in a criminal record. When you are convicted of drink driving, the conviction is recorded on your criminal record and remains there for a specific period depending on the severity of the offence.

The record can impact various aspects of your life, including employment opportunities, insurance premiums, and your ability to travel to certain countries. Drink driving convictions are also noted on your driving licence, which can be accessed by employers, insurers, and authorities.

What are the Types of Drink Driving Convictions in the UK

Different drink driving offences are classified under specific codes, and these codes determine the severity of the offence and its impact on your criminal record. Below are the most common types:

  1. Driving or Attempting to Drive While Over the Alcohol Limit (DR10)
  2. Driving or Attempting to Drive While Unfit Due to Alcohol (DR20)
  3. Failing to Take an Alcohol Test Following a Drink Driving Accusation (DR30)
  4. Refusing to Give Permission for a Blood Sample Analysis (DR31)
  5. Causing Death by Careless Driving While Over the Alcohol Limit (CD60)

These offences remain on your licence for either 4 years or 11 years, depending on their severity. Penalty points associated with these offences usually stay on your driving licence for 5 years.

Drink Driving Penalties for a First Offence

If you are convicted of drink driving for the first time, the penalties can vary depending on your blood alcohol level and the circumstances of the offence. Below are the common penalties:

  1. Driving Ban:
    • A minimum of 12 months disqualification from driving.
    • This can increase to 3 years if you have a prior offence in the last 10 years.
  2. Fines:
    • Unlimited fines based on your income and the severity of the offence.
  3. Penalty Points:
    • Points may be added to your licence for less severe cases.
    • These points usually range from 3 to 11, depending on the offence.
  4. Custodial Sentence:
    • For serious offences, such as causing death due to drink driving, you may face up to 14 years in prison.
  5. Criminal Record:
    • As noted, you will receive a criminal record, which can affect job prospects and travel.

Caught Drink Driving: Can I Still Drive Until Court in the UK?

If you are caught drink driving, you may still be able to drive until your court date, depending on whether the police impose an immediate suspension of your licence. Here’s what to know:

  • Immediate Suspension: In some cases, the police may temporarily suspend your licence if you are deemed a danger to public safety.
  • Court Date: Until you appear in court and are officially convicted, you may retain your driving privileges unless explicitly instructed otherwise.
  • Advice: Always confirm your specific situation with your solicitor, as breaching driving conditions can worsen penalties.

What Happens in Drink Driving Court?

Facing a court appearance for a drink driving charge can be a daunting experience. However, understanding the process can help you navigate it with greater confidence. Here’s what to expect:

Initial Hearing

The first step in the court process is the initial hearing, where you will be asked to plead guilty or not guilty to the drink driving charge.

  • If you plead guilty, the court may proceed with sentencing immediately or schedule it for a later date.
  • If you plead not guilty, the case will proceed to a trial where evidence will be presented.

Evidence Presentation

For a not-guilty plea, the prosecution will present evidence to support the charge. This may include:

  • Results from a breathalyser or blood test.
  • Witness statements or police reports.
  • Any other relevant evidence, such as video footage or observations from law enforcement.

Your defense team will also have an opportunity to challenge the evidence and present your side of the story.

Sentencing

If found guilty, the court will determine an appropriate sentence based on:

  • Your blood alcohol level at the time of the offence.
  • Your driving history and any previous convictions.
  • Whether the incident resulted in harm to others or damage to property.

Penalties for drink driving can vary widely, ranging from fines and driving bans to custodial sentences for severe offences, such as causing death by careless driving while intoxicated.

Offences Resulting in Penalty Points

For less severe drink driving offences, penalty points may be issued instead of an outright driving ban. Offences and their associated codes include:

  • DR40: Driving while above the alcohol limit.
  • DR50: In charge of a vehicle while unfit due to alcohol.
  • DR70: Failing to provide a breath specimen.

Points typically remain on your licence for 5 years.

Rehabilitation Periods for Drink Driving Convictions

Under the Rehabilitation of Offenders Act 1974, drink driving convictions are considered “spent” after a specific rehabilitation period. This means you no longer need to disclose them to employers or insurers unless required for specific roles, such as working with children.

  • 4-Year Offences: Spent after 4 years from the date of conviction.
  • 11-Year Offences: Spent after 11 years, often involving fatalities or high alcohol levels.

Impact on Employment and DBS Checks

A drink driving conviction can affect your career in several ways:

  • Basic DBS Checks: Spent convictions do not appear on basic disclosure checks.
  • Enhanced DBS Checks: Required for roles involving children or vulnerable adults, such as teaching or healthcare. All convictions, including spent ones, may be disclosed.

Removing a Drink Driving Conviction from Your Record

While drink driving convictions remain on your driving and criminal records for specific durations, you may request removal under certain circumstances:

  • Apply to the ACRO Criminal Records Office for deletion of specific records, such as warnings or arrests.
  • Approval is rare and depends on case-specific factors.

Drink Driving Penalties: Summary

Below is a summary of key penalties for drink driving offences in the UK:

OffencePenaltyLicence PointsDuration on Licence
DR10Driving above the limit3-11 points11 years
DR40In charge above limit3-11 points4 years
CD60Death by careless drivingDisqualification11 years

Conclusion

If you are caught drink driving in the UK, the consequences are severe and can have long-lasting effects on your criminal record, driving privileges, and employment prospects. Whether you’re wondering, “Do you get a criminal record for drink driving UK?” or “Caught drink driving, can I still drive until court UK?”, it’s essential to understand the legal implications and seek professional legal advice to navigate your case effectively. Remember, drink driving not only puts your own life at risk but also endangers others, making it a matter of public safety and serious legal repercussions.

If you’re facing a drink driving charge, consult a solicitor who can guide you through the court process and help minimise the impact on your life.

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